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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of a polygraph statement as evidence that a |
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defendant or releasee from the Texas Department of Criminal Justice |
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has violated a condition of release. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 5, Article 42.12, Code |
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of Criminal Procedure, is amended to read as follows: |
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(b) On violation of a condition of community supervision |
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imposed under Subsection (a) [of this section], the defendant may |
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be arrested and detained as provided in Section 21 [of this
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article]. The defendant is entitled to a hearing limited to the |
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determination by the court of whether it proceeds with an |
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adjudication of guilt on the original charge. The court may not |
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proceed with an adjudication of guilt on the original charge if the |
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court finds that the only evidence supporting the alleged violation |
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of a condition of community supervision is an uncorroborated |
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polygraph statement. The [This] determination to proceed with an |
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adjudication of guilt on the original charge is reviewable in the |
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same manner as a revocation hearing conducted under Section 21 [of
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this article] in a case in which an adjudication of guilt had not |
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been deferred. After an adjudication of guilt, all proceedings, |
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including assessment of punishment, pronouncement of sentence, |
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granting of community supervision, and defendant's appeal continue |
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as if the adjudication of guilt had not been deferred. A court |
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assessing punishment after an adjudication of guilt of a defendant |
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charged with a state jail felony may suspend the imposition of the |
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sentence and place the defendant on community supervision or may |
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order the sentence to be executed, regardless of whether the |
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defendant has previously been convicted of a felony. |
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SECTION 2. Subsection (c), Section 21, Article 42.12, Code |
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of Criminal Procedure, is amended to read as follows: |
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(c) The court may not revoke the community supervision of a |
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defendant if, at the community supervision revocation hearing, the |
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court finds that the only evidence supporting the alleged violation |
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of a condition of community supervision is an uncorroborated |
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polygraph statement. In a community supervision revocation hearing |
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at which it is alleged only that the defendant violated the |
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conditions of community supervision by failing to pay compensation |
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paid to appointed counsel, community supervision fees, or court |
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costs, the state must prove by a preponderance of the evidence that |
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the defendant was able to pay and did not pay as ordered by the |
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judge. The court may order a community supervision and corrections |
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department to obtain information pertaining to the factors listed |
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under Article 42.037(h) [of this code] and include that information |
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in the report required under Section 9(a) [of this article] or a |
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separate report, as the court directs. |
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SECTION 3. Section 508.281, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A parole panel or designated agent of the board may not |
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revoke the parole or mandatory supervision of a releasee if the |
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parole panel or designated agent finds that the only evidence |
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supporting the alleged violation of a condition of release is an |
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uncorroborated polygraph statement. |
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SECTION 4. The change in law made by this Act applies to a |
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hearing held under Section 5 or 21, Article 42.12, Code of Criminal |
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Procedure, or Section 508.281, Government Code, on or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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